Chapter 6. Division of Labor Standards Enforcement [FNA1]
Subchapter 13. Janitorial Registration and Training
Article 1. Registration Application (Refs & Annos)

§ 13810. Application for Registration.

To register as a janitorial employer pursuant to Part 4.2 of Division 2 of the Labor Code (commencing with section 1420), the applicant shall complete, sign, and submit an online application, along with required items and documents, at the Division of Labor Standards Enforcement (DLSE) website (https://www.dir.ca.gov/dlse/ Janitorial_Providers_Contractors.html) for any initial registration or registration renewal. The Labor Commissioner may accept in-person submission to a DLSE office of the information required under this section. The applicant shall certify under penalty of perjury that the information provided on the registration form, any supplementary documents, and any other information submitted by the applicant in support of the registration are true and correct.

(a) An applicant for a new registration or a renewal of registration shall provide items specified in Labor Code sections 1429(a)(1) through (10) and the following additional information and documents:

(1) whether the application is for a new registration or renewal of a current registration;

(2) the address of the business as required in Labor Code section 1429(a)(4), including for the applicant's main or central location, as well as any separate branch locations operated under the same legal entity, the physical address, a mailing address, if different, and an email address for receiving electronic mail;

(3) information regarding the form of business if other than a corporation.

(i) If the business entity is a sole proprietorship, the owner shall provide his or her full legal name, including any fictitious or “doing business as” name.

(ii) If the business entity is a partnership or limited liability company (LLC), the same information specified in Labor Code section 1429(a)(2), applicable to corporations, shall be provided, as applicable to a partnership or LLC;

(4) for each unpaid wage and hour final judgment outstanding, the case name of each matter, court name and address, case number, date of entry of judgment, and the total amount of unpaid wages in the judgment that are due to a current or former employee;

(5) for each matter arising under the California Fair Employment and Housing Act that is not fully satisfied, the case name and date of any administrative settlement pursuant to Department of Fair Employment and Housing processes and the case name of each matter, court name and address, case number, and date of a final judicial decree for any final judgment for a violation of the Fair Employment and Housing Act;

(6) whether any contribution amount required under the Unemployment Insurance Code and assessed by the Employment Development Department (EDD) against the applicant remains due and unpaid. If so, the applicant shall provide the name of the business, administrative case number, if any, date of the assessment by EDD, total amount assessed, and amount of contributions unpaid;

(7) whether any Social Security and Medicare tax contributions remain due to the Internal Revenue Service from the applicant. If so, the applicant shall identify the person or entity that assessed the delinquency and provide the administrative case number, if any, date of the delinquency notice, total amount of delinquency, and amount unpaid;

(8) whether the applicant has one or more employees and if the applicant has employees, the current number of employees the applicant uses to provide janitorial services;

(9) for each subcontractor, other independent contractor, or franchisee the applicant currently uses when providing janitorial services, the janitorial registration number (if applicable); whether the entity is a subcontractor, other independent contractor, or franchisee; and the number of individuals each identified entity uses to perform janitorial services for the applicant;

(10) for each business for whom the applicant currently provides janitorial services, the respective name, physical address, mailing address, if different, phone number, and email address of the business, and the same information regarding other businesses with whom the applicant has contracted or otherwise provided janitorial services during the 12-month period prior to the application;

(11) if the applicant employs one or more employees, the applicant must submit a valid workers' compensation insurance certificate issued to the applicant, copy of a certificate from the Director of the Department of Industrial Relations consenting to the applicant being self-insured, or copy of a valid contract with a third party to provide workers' compensation insurance and a current workers' compensation insurance certificate or certificate of self-insurance issued to that third party;

(12) whether the applicant has registered previously or had a registration suspended or revoked under the same or another business name, and if so, the business name and registration number; and

(13) as part of the attestation that the sexual violence and harassment prevention training has been provided as required, the applicant must state whether the applicant provided the training or whether the training was provided by another entity, the name of the other janitorial employer or entity that provided the training, and the date(s) on which training took place. Beginning January 1, 2022, this information shall include whether a peer trainer was used to provide training to nonsupervisory covered workers and an explanation as to why a peer trainer was not used if a peer trainer did not provide the required training, as well as which qualified organization provided the peer trainer.

(b) The registration fee in Labor Code section 1427 shall be paid online using a credit card or ACH/EFT vendor processed through the online application portal, or by submission of a certified check, cashier's check, or money order to the “Labor Commissioner's Office” or “Division of Labor Standards Enforcement.” A service fee may be charged for vendor-processed transactions. The service fee is retained by the vendor and is not revenue to the Labor Commissioner's Office.

(c) A Taxpayer Identification Number may be used where a Social Security Number is required for registration purposes.

Note: Authority cited: Section 1422, Labor Code. Reference: Sections 1423, 1427, 1428, 1429 and 1430, Labor Code.

HISTORY

1. New subchapter 13 (articles 1-6), article 1 (section 13810) and section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 27). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.)